04 - 06 July 2018

Intellectual Property Ownership as a Determinant Factor in Legal Competitive Assessments

Introduction Top

The training on intellectual property ownership as a determinant factor in legal competitive assessments will take a step further the idea of legitimate business practices in the domain of exclusive ownership and open innovation in intellectual property as opposed to traditional processes of encapsulating innovation within a company’s internal structure.

This training will consider the role of IP ownership as a determinant factor in legal competitive assessments. The judges will learn more about the relationship between innovation and competition in dynamic markets, the economic and legal constraints arising from IP ownership, the role of licence agreements, compulsory licencing and technology transfer block exemptions.

The training will refer to the link between intellectual property and online markets by presenting the legal challenges of online distribution of digital content and cross-border management of intellectual property and will consider the advantages and disadvantages of open innovation for competition.

The registration is open for judges from the Supreme Court of Cassation, the Supreme Administrative Court, the appellate courts and the district courts, following the requirements of DG Competition.

Agenda Top

Day 1, 04 July 2018 (Wednesday)

Time            Subject
08:30 – 09:00

Registration of Participants in Day 1 and Provision of Materials

09:00 – 09:15

Welcome Speech and Introduction to the Project and Its Activities by the Project Manager

Alexandra Tsvetkova, Director of LIBRe Foundation

Module 1. Relationship between Innovation and Competition in Dynamic Markets
09:15 – 10:45

Difference between invention and innovation

Disruptive effect of innovations in the digital sector

Measuring the level of innovation in a particular industry market as a proxy for the likelihood of entrenched monopolies (rise and fall of MySpace)

Innovation and Intellectual Property (IP) as an asset for ensuring long-term profitability

Speaker: Dimitar Iliev, Expert in Competition Law
10:45 – 11:00 Coffee Break
Module 2. License Agreements and Competition Law
11:00 – 12:30

License Аgreements and Article 101 TFEU

Regulation (EU) No 316/2014 and block exemptions for licence agreements

Definition for ‘technology transfer agreement’

Hardcore restrictions

Restrictions which fall out of the scope of the block exemption

Speaker: Dimitar Iliev, Expert in Competition Law
12:30 - 13:30 Lunch
13:30 – 15:00

License Аgreements and Article 102 TFEU

Refusal to grant license and compulsory licensing

Essential facility doctrine: standards for application in the EU

Speaker: Dimitar Iliev, Expert in Competition Law
15:00 – 15:30 Coffee Break
Module 3. Competitive Restraints and (Unilateral) Exploitation of IP Rights (Article 102 TFEU)
15:30 – 17:30

Introduction: Exclusive nature of IP rights, free competition and competition law policy (Internal Market perspective)

Case law of the ECJ on Article 102 TFEU and exploitation of IPRs: IMS Health, Magill, Microsoft cases

The extension of the scope of Article 102 TFEU: Astra Zeneca case; ITT Promedia case and the delicate question of so-called ‘patent trolls’

Discussion: Policy implications?

Speaker: Amandine Leonard, Doctoral Researcher at the KU Leuven Centre for IT & IP Law (CITIP)
19:00 – 22:00 Dinner

Day 2, 05 July 2018 (Thursday)

Time         Subject
08:30 – 09:00  

Registration of Participants in Day 2

Module 4. Online Distribution of Digital Content
09:00 – 10:30

Technological, temporal and territorial restrictive clauses in copyright licenses. Permissibility under Article 101 TFEU

Long-term nature of copyright agreements as a barrier for entry

Speaker: Dimitar Iliev, Expert in Competition Law
10:30 – 11:00 Coffee Break
11:00 - 12:30

Cross-border management of IPR and geoblocking

Geo-blocking clauses in exclusivity agreements and permissibility under Article 101 (1) TFEU: copyright restraints (Murphy and Coditel), de facto bans on internet sales

Justifications of geo-blocking and the proposal for Geoblocking Regulation

Speaker: Dimitar Iliev, Expert in Competition Law
12:30 - 13:30 Lunch
Module 5. IP-related Specifics
13:30 – 15:00

Injunctive Relief for Holders of Standard Essential Patents (SEPs), FRAND Licensing Terms and the Role of Standard Setting Organizations (SSO)

Role of SEPs, FRAND and SSO in today’s economy

Limits to injunctive relief for SEP owners and competition law justifications: Samsung and Motorola cases (Commission decisions); Huawei v. ZTE (ECJ decision); Application of Huawei v. ZTE at the national level (review of recent cases) 

Updating SSO’s FRAND policies as a tool for mitigating anti-competitive conduct; Role of SSOs and the recent change in policy of IEEE (US)

Speaker: Amandine Leonard, Doctoral Researcher at the KU Leuven Centre for IT & IP Law (CITIP)
15:00 – 15:30 Coffee Break
15:30 – 17:30

Relevant Case Law and Aspects of Digital Monopolies (e.g. Tying, Price Fixing, etc.)

Speaker: Dimitar Iliev, Expert in IPR and Competition Law
19:00 – 22:00 Dinner

Day 3, 06 July 2018 (Friday)

Time              Subject
08:30 – 09:00

Registration of Participants in Day 3

Module 6. Open innovation. Inside-out, outside-in and coupled open innovation processes
09:00 – 10:30

Open Innovation - Inside-out, Outside-in and Coupled Open Innovation Processes. Motives and Risks to Engage in Each Type of Process

Speaker: Arina Gorbatyuk, Doctoral Researcher at at the KU Leuven Center for IT and IP Law (CiTiP)
10:30 – 11:00 Coffee Break
Module 7. Article 101 TFEU and Open Innovation
11:00 – 12:30

Article 101 TFEU and Open Innovation

Relevant Block Exemption Regulations

TTBER

Regulation (EU) No 1217/2010 of 14 December 2010 on the application of Article 101(3) of the Treaty on the functioning of the European Union to categories of research and development agreements

Regulation (EU) No 1218/2010 of 14 December 2010 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to certain categories of specialization agreements Text with EEA relevance

Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (the EC Merger Regulation)

Speaker: Arina Gorbatyuk, Doctoral Researcher at at the KU Leuven Center for IT and IP Law (CiTiP)
12:30 - 13:30 Lunch
Module 7. Article 101 TFEU and Open Innovation (continue)
13:30 – 15:00

Article 101 TFEU and Open Innovation

Relevant Block Exemption Regulations

Speaker: Arina Gorbatyuk, Doctoral Researcher at at the KU Leuven Center for IT and IP Law (CiTiP)
15:00 Closure of the Event

 

Venue Top

The training on intellectual property ownership as a determinant factor in legal competitive assessments will be held on 04-06 July 2018 at RIU Pravets Golf & SPA Resort, Pravets.

The RIU Pravets Golf & SPA Resort is situated at a picturesque lake in the vicinity of Pravts town, with a close distance (less than hour) to the capital - Sofia.

 

 

 

 

 

LIBRe Foundation will provide each participant in the training with hotel accommodation (3 nights for the period 03.07.2018 – 05.07.2018, including breakfast and tourist tax for a single-room accommodation), as well as lunches, dinners, and coffee breaks for each training day, in accordance with the training schedule. The participant package includes free use of thermal zone, SPA centre, inside swimming pool, fitness centre, and Internet.

The organiser does not cover expenses for alcoholic drinks, mini bar, telephone calls from the guest rooms or any other personal expenses throughout the training.

The hotel check-in is available after 15:00 in the day of arrival. The check-out should be made not later than 12:00 in the day of departure. You will be notified on any possibilities for late check-outs.

Each participant will be reimbursed for their travel costs for train or bus services after they provide the tickets for the journey. If you use your work or personal vehicle, the travel costs will be reimbursed in accordance with the rules for reimbursement in Bulgaria, considering the type of vehicle, the fuel consumption, and the distance, and after a receipted invoice is provided by the participant.

  • With public transport: bus

Pravets main bus station is located 4,5km from RIU Pravets Golf & SPA Resort. If you choose this option you could request a transfer from the bus station to the hotel. Please notify us on such matter by filling the online Registration form (please use the field “Share your expectations for the upcoming training event”).

  • With personal vehicle: automobile

RIU Pravets Golf & SPA Resort is located at the address: Pravets, 8 Ezeroto Sq. (GPS coordinates: 42°54'32.8"N 23°53'39.9"E). The hotel has a private parking which you could use for free.

Every participant enlisted for the training will receive detail directions for travel and accommodation after confirming their participation.

Speakers Top

Arina Gorbatyuk is a PhD Fellow of the Research Foundation Flanders (FWO) at the KU Leuven Center for IT and IP Law (CiTiP). Arina writes her PhD thesis entitled ‘Rethinking IP Ownership in the Context of Open Innovation’ under the supervision of Prof. Geertrui Van Overwalle (CiTiP) and Prof. Esther van Zimmeren (University of Antwerp). In her research she focuses on the challenges collaborating partners encounter while allocating the ownership of jointly developed IP, in particular patents and trade secrets. Arina joined the centre in October 2012 as a researcher within the interdisciplinary research program ‘Open Innovation: The Interaction between Legal Architectures & Innovation Strategies’ of the СiTiP and the Department of Managerial Economics, Strategy and Innovation (MSI, KU Leuven). From October 2012 until September 2015 she was also involved in a consultancy project for the European Space Agency (ESA) on IP Ownership and Rights of Use in ESA. In 2013 and 2014 she coached a KU Leuven team for the ICC International Commercial Mediation Competition in Paris. Since January 2015 Arina co-coordinates a course ‘Problems of IP and ICT in Practice’ of the LL.M. in IP Rights and ICT Law.

Amandine Léonard obtained her Master of Laws with a specialization in business law (cum laude) in 2012 from the University of Liège. In 2013 she completed the LLM program of the Liège Competition and Innovation Institute (LCII) in European Competition law and Intellectual Property (magna cum laude). Her particular fields of interests are: the fundamental rationale and objective of intellectual property laws (patent, copyright and trademark), the approach adopted by the United States and European countries regarding intellectual property laws and their limitations and exceptions, as well as the interface between competition law and intellectual property law. Since October 2013, Amandine is a legal researcher at the KU Leuven Centre for IT & IP Law. In January 2015, she obtained a PhD Scholarship from “Flanders Innovation & Entrepreneurship” (VLAIO) to work on the topic of “Abusive patent litigation in Europe – The prohibition of abuse of rights and patent trolls”. During her PhD she will investigate patent litigation strategies adopted by patent holders both in the currently spread patent litigation system of Europe, and in the future Unitary Patent Package system.

Dimitar Iliev is an expert in Competition Law and Intellectual Property Rights with extensive experience in both private and public sector and specializations in EU Law and European litigation. He worked as an expert at the Bulgarian Commission on Protection of Competition for over four years (2012-2016); and continued his career in the Patent Office of the Republic in Bulgaria. Currently, he is a national expert in EUIPO in Alicante, Spain.

Presentations Top

The presentations from the training will be published after it takes place.

Video (by Modules) Top

Video recordings (by modules) from the training will be published within 1 month after the event takes place.

Training Proceedings Top

Training proceedings will be published within 2 months after the event.

Further Information Top

For more information on the event or if you wish to change the submitted information related to your dates of arrival and departure, you could contact:

Alexandra Tsvetkova

 

 

Project Manager

 

Project Office

GSM: (+359) 884 488 168

 

GSM: (+359) 876 408 233

E-mail: office@constantproject.eu

 

E-mail: office@constantproject.eu

 

Registration Top

You could express your interest for participation by filling in this online form.

Due to the limited number of participants, the applications made by filling in the online form will be accepted in the order of their submission until 15.06.2018.

For each application received, a member of LIBRe Foundation will contact you for confirming that your application was successfully received and/or asking details on the application:

  • Within 3 hours after the application was received – for application received until 15:00 on a working day
  • Within the following working day – for applications received after 15:00 on a working day or on non-working days.

 

Applications made by filling in the online form will be accepted in the order of their submission until 15.06.2018.

 

The applicants registered for taking part in the trainings will be notified on 16.06.2018.

 

Some of the data you voluntary provide is personal data and falls under the regulation of the Personal Data Protection Act of Bulgaria. The personal data you provide will be managed for the purposes of organising and implementation of the training and for implementation of personal data administrator’s lawful interests related to eventual labour or civil contract with you. LIBRe Foundation is obliged to use, edit, and store your personal data under the guarantee that it will not be disclosed to third parties. We inform you and you hereby agree that LIBRe Foundation has the right to provide your personal data to governmental and municipal authorities, banks, companies, and other organisational and private stakeholders in case there is legal obligation under a special regulation, or in case this is necessary for implementation of your lawful rights as a participant in the training, or if this is necessary for implementation of LIBRe’s lawful rights. The Foundation also has the right to provide your personal data to individuals – employees of the organisation who are assigned to conduct the process of organisation and implementation of the training. We inform you that you have the right to access and request corrections of your personal data, as well as the right to object to the usage and disclosure of your personal data for purposes different from the above.

 

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